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MOREY v. U.S.

No. 89-2186.

903 F.2d 880 (1990)

Barbara I. MOREY, ETC., Plaintiff, Appellant, v. UNITED STATES of America, Defendant, Appellee.

United States Court of Appeals, First Circuit.

Decided May 29, 1990.

Attorney(s) appearing for the Case

Philip J. Crowe, Jr., with whom Elizabeth N. Mulvey and Lubin & Meyer, P.C., Boston, Mass., were on brief for plaintiff, appellant.

Ann Southworth, Appellate Staff, Civ. Div., Dept. of Justice, with whom Stuart M. Gerson, Asst. Atty. Gen., Washington, D.C., Wayne A. Budd, U.S. Atty., Boston, Mass., and Barbara C. Biddle, Appellate Staff, Civ. Div., Dept. of Justice, Washington, D.C., were on brief for the U.S.

Before BREYER, Chief Judge, ROSENN, Senior Circuit Judge, and CAMPBELL, Circuit Judge.

LEVIN H. CAMPBELL, Circuit Judge.

Barbara Morey brought this action under the Federal Tort Claims Act in the United States District Court for the District of Massachusetts. Morey seeks to recover for the wrongful death of her son, Kevin Campbell, who was enlisted in the United States Navy at the time of his death, and whose death was allegedly caused by the Navy's negligence. The district court dismissed the claim, ruling that it was barred because the death arose...

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